Wrongful Death

What To Do After a Wrongful Death

When an individual's life is tragically lost due to the severe negligence or responsibility of another party, it constitutes wrongful death. Wrongful death is an unexpected and heart-wrenching event, causing profound pain to the surviving family members. The experienced wrongful death attorneys at Chambers|Pilon recognize the challenges you are facing at this time. Our goal is to provide support and assist you in seeking justice for your loved one. But don’t delay, Florida’s statute of limitations for wrongful death claims is two years in most cases.

What Constitutes a Wrongful Death  

Wrongful Death happens when someone’s life is lost because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges. There are many different circumstances that can give rise to a wrongful death lawsuit, such as:

• Medical malpractice
• Auto accidents
• Defective products
• Pedestrian accidents
• Criminal activity
• Aviation accidents
• Workplace accidents
• Premises accidents 
• Negligent supervision

Wrongful Death Factors, Claims, and Damages 

Florida’s wrongful death statute can be complicated–the decedent’s personal representative must file the claim, and we’re here to help. To establish the validity of a wrongful death claim, the Chambers|Pilon wrongful death attorneys in St. Petersburg will demonstrate that the responsible party or parties did not meet the necessary standard of expected care for the deceased. This extends to actions characterized as reckless or hazardous. If it can be established that this behavior directly contributed to the death and the resulting damages, then a valid claim for punitive damages can be pursued by our firm, on your behalf.

The court takes into account several factors when calculating the punitive damages (compensation) for the survivors of the deceased. Punitive damages are monetary amounts the court imposes to punish the liable party for their involvement, whether through blatant negligence, violence, recklessness, or intentionally harmful behavior. 

These factors include:

• Available net income of the deceased
• Financial support lost
• Life expectancies of all parties involved
• The relationships between the deceased and the beneficiaries, including spouse, children, and parents

While most wrongful death lawsuits are able to be settled out of court, punitive damages and compensation cannot erase the sorrow of losing a loved one. The damages recovered in a wrongful death lawsuit can also help your family meet the financial challenges that may arise as a result of the fatal accident.